Rijbewijs, deel 5

Mijn bezwaarschrift:

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Dear Sir / Madam,

With this letter Mr Pasta Fari residing at 0000XX Eindhoven (the client), opposes your decision “PC / BEO”. Client chooses residence Waanderweg 64 7812HZ Emmen (PO Box 1020, 7801 BA Emmen), at the offices of D.J.H. Dijkstra, working at Aveon B.V., as his acting Agent.

Client can not agree with your decision and subsequent thereto argues.

The Church of the Flying Spaghetti Monster, the Past Afar Relations, is not a recognized religion.
There is no single definition of recognized religions in the Netherlands. It is also not tracked which religions qualify as recognized. The only objective way to define a religion could be the presence of a group of people with similar religious beliefs. Supporters of the Church of the Flying Spaghetti Monster are called Pastafarians and between then there is are communal religious beliefs.

Meanwhile, more than 8,000 Dutch residents are registered at the Church of the Flying Spaghetti Monster. This makes it justifiable to say that the religion is alive in the Dutch society.

Pastafarianism.
The religion is called Pastafarianism.
Pastafarians believe that the Big Bang is created by the Flying Spaghetti Monster that this Big Bang created the universe and thus created the earth. Through the theory of evolution subsequently man arose on Earth. This is such an alternative creation story that you can describe it as a substantially unique religious belief and ideology. The holy books are “The Gospel of the Flying Spaghetti Monster” and “The Loose Canon”

Pastafarians honor the Flying Spaghetti Monster, the creator, by wearin a colander on the head. This is not only common throughout the Netherlands, but also abroad, and follows a document from the holy book “The Loose Canon”.

Pastafarians try to live up to The Eight I’d Really Rather You Didn’ts. It states for example that men and women are equal to the extent that they have equal rights and neither of them shall be suppressed. It is important to be kind to everyone who is not hostile to you and therefore you should also be kind to people of different faiths. You should be critical to society and religion in general, especially when it comes to dogma and oppression. A Pastafarian will generally not mind that many people have different religions. A religion is a belief and not an exact science and therefore a Pastafarian will never claim to know the absolute truth.

Consideration and refutation.
Decisions by the Court of Appeal and the Supreme Court, are good clues to answer the legal problem.

In paragraph 5 we read the following passage:
It is clear, according to the submitted works that the Church of Satan, despite the use of apparently Roman Catholic church borrowed words like church province, sisters, Mother, and Abbess, they do not belong to the Christian or Jewish religion. The court’s preliminary view that given the current multicultural society of our country and in article 6 of the constitution and various international treaties enshrined equality of all religions across the State, adherants from different religions than Christanity and Judaism  are also entitled to rely on that article. Hereby however, it should be required that it constitutes a religion, and the supporters have a structured organization.

With this consideration of the Court, confirmed by the Supreme Court, is firmly established that not only “established religion” but also other religions have a right to religious freedom.

The Court and later confirmed by the Supreme Court, judged that the Sisters of St. Walburga do not have the common religious rights. This because they did not appear to be a religion and they did not have a structured organization. The Court judges in paragraph 6 that in view of the activities they are not distinguished from a normal sex club and no religious activities can be observed.

As indicated above, the Church of the Flying Spaghetti Monster is completely different. During our services at the start of the ceremony the visitors are welcomed and in a speech by one of the pastors a story about the Church and the Creator is told. After this there is room for dialogue, often in groups. During this dialogue spaghetti is served. In this aspect, the Church also fulfills its role in society as people without a roof over their heads and / or low income, are provided with a hot meal.

During the dialogue often will be talked about the Church, religion, society, (the creation of) life, other religions and getting to know each other. This might not have anything in common with traditional religions, but at the Church of the Flying Spaghetti Monster a very important religious ritual is to exchange knowledge and ideas.

In paragraph 7, the Court observes that the claim of St. Walburga is intended grant protection from police checks. The Court shall include in its consideration of rejection that it should grant the police and prosecution greater freedom. At the Church of the Flying Spaghetti Monster this ruling does not apply.

In the Netherlands, there is freedom of religion. Freedom of religion means that the legislator refrains from answering the question of what is meant by religion. In any case, religion is defined by the Supreme Court as “acts which by its nature in any form express religion or belief.”

What would a religion and religion should be regarded as a moving concept, as also endorsed the Handbook of Dutch constitutional law.

Van Dale, “Great Dictionary of the Dutch Language”, in 1976, gives the first definition of  ‘religion’ “service, worshipping of God … service of honoring …”. The text of the dictionary is similar to that of “De Grote Oosthoek (encyclopedia and dictionary), part 8, 1978. The theologian C. J. Bleeker writes in the “Great Winkler Prins encyclopedia, Section 8, seventh edition (1969):
“In science it is all about scientific truth, in ethics about moral truth, in aesthetics about the beautiful, and in religion about the sacred.

As the teachings of the Church of the Flying Spaghetti Monster go; religion is not an exact science, and the sacred books near no scientific or factual truths, but a belief, a view on the origin of our planet.

In conclusion the Church of the Flying Spaghetti Monster satisfies the requirements made by the Court, to be defined as a religion.

Recognition in Europe.
In other European countries the Church of the Flying Spaghetti Monster is already recognized, namely the United Kingdom, Austria and Denmark. Now that European law takes precedence over national law, especially when it comes to the ECHR, your governing body can not argue successfully that the Church of the Flying Spaghetti Monster is not a religion.

PUN no exception.
The decision indicates that accrues no exception to the client, since he has not shown that his religion prescribes. Client in his letter further argued in great detail why the need to wear a Colander is a religious duty, or better said, why a Colander is very desirable and that this encases a religious belief. However, you keep failing to give reasons why this exception is not due to him, except that it would not be a religion according to your organization. You also fail to motivate further. Because of the lack of motivation on your part, it is impossible for Client to provide you with further information.

It should be borne in mind that other Pastafarians indeed be allowed to wear colander, both in the Netherlands and in Europe. The municipality of The Hague on 7 March an ID card issued to Mr Hellenthal, showing his colander bearing because of his religion. In the United Kingdom, Austria and Denmark people have been allowed to wear the Colander on their driver’s license base on religious beliefs.

Wherefore is requested
1. The complaint to be declared founded.
2. The license to be issued to the client, with the religious headgear.
3. The costs for legal advice relied upon to reimburse pursuant to Article 7:15 of the GALA.

Yours sincerely,
D.J.H. Dijkstra

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Rijbewijs, deel 5

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